Introduction to Law (Introduction to Law, Atty.

David Robert Aquino)

I. General Considerations Laws:
In its general sense and abstract sense, law is the science of moral laws
founded on the rational nature of man that governs his free activity for the
realization of the individual and social ends of life under an aspect of
mutual conditional dependence. (Aquino, Introduction to Law, p.12)
In its specific and concrete sense, a rule of conduct, just, obligatory,
formulated by a legitimate power for common observance and benefit.
(Lapitan vs PCSO)
All statutes, including those of local application, and private law, shall be
published in the Official Gazette as a condition for their effectivity
Statutes:
Refer to enactments of the legislative branch of the government.
How laws are passed (Steps)

1. First Reading: Title is read in plenary and passed to the

appropriate committee. The bill is then scrutinized through public
hearing where arguments between advocates and opposition are
heard.

2. Second Reading: The bill will go through sponsorship,

interpellation, and amendments.
a. Sponsorship: This is when the essential and salient features
of the bill is presented.
b. Interpellation: This is when the debate over the bill takes
place.
c. Amendment: It has 2 kinds. These are the Committee and
Individual.

3. Third Reading: The bill is read again but by its title only. The
chamber will vote through yes or nays and will be passed only to
the other chamber if a majority (51%) of legislators voted for its
approval.

4. Submission to the other chamber: The bill, once passed to the

other chamber, will then again go through First to Third reading. In
case of conflicting provisions, both chambers
 will constitute a Bicameral Conference Committee.
5. Bicameral Conference Committee: This is created to reconcile
conflicting provisions between the House and Senate versions of
the bill. The reconciled versions of the bill will again be submitted
to both chambers for approval. After approval by both houses, the
bill will now then be submitted to the President.
6. Presidential Approval: The president has 3 options:
a. Approve the bill
b. Reject/Veto the Bill
c. Allow it to lapse for 30 days (After which the bill will become a
law)
Classification of Laws:

1. Substantive Laws: These are laws which define and create

certain rights (Tamayo vs Gsell).
A law which creates, defines, or regulates rights, concerning life,
liberty or property, or the powers of the agencies or
instrumentalities for the administration of public affairs. (Primicias
vs Ocampo)

2. Procedural Laws: Prescribes the manner on how we enforce or

preserve our rights. Such procedure is usually prescribed under
what we call Rules of Court, as well as other rules promulgated
by administrative agencies and quasi-judicial bodies.

3. Statutory Laws: Refers to enactments made by a competent

legislative body and is usually manifested in a formal written
instrument with the force and effect of law for its compliance.

4. Common Law: Comprises the body of those principles and rules

of action, relating to the government and security of persons and
property, which derive their authority solely from usages and
customs of immemorial, antiquity, or from judgements and
decrees of courts recognizing, affirming, and enforcing such
usages and customs. (Black’s Law Dictionary)
Kinds of Laws:

1. General Laws: statutes that affect people, property and transactions

within the territorial jurisdiction of the Republic of the Philippines

2. Special Laws: statutes that pertain to a particular area or matter

usually providing for its own definition and prescribes its own
penalties for violations of its provisions

3. Local Laws: ordinances promulgated by a local legislative body of

a local government unit applicable only within its local territorial
jurisdiction

4. Public Laws: enactments of the legislature pertaining to a general

area of law

5. Private Laws: issuances that define rights, regulate action, enforces

and administers relationships among private entities both natural and
juridical

6. Remedial Laws: statutes that provide for the procedure in which one
may enforce a right or redress for grievance

7. Curative Laws: statutes that correct mistakes or irregularities

committed prior enactment

8. Penal Laws: statutes that define crimes, prescribes its elements and
imposes corresponding penalties

9. Prospective Laws: statues which are applicable to acts, situations

or events occurring after its enactments

10. Retrospective Laws: refers to statutes whose effectivity applies to

specific events, situations or acts which were committed prior to its
enactment

11. Affirmative Laws: refers to statutes that directs the doing of an act,
or declares what shall be done. This should be distinguished from
laws which prohibit an act.
12. Mandatory Laws: statutes that require or mandates a course of
action
Sources of Law

1. Republic Acts: enactments of the Cogress

2. Batasan Pambansa: laws passed during the Marcos regime where

the Philippines has a Parliamentary-Unicameral System of
Government

3. Commonwealth Act or Act: laws passed during the American

Occupation

4. Jurisprudence: Supreme Court decisions which interprets how a

law is applied.

Courts duty to decide every case:

No judge or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the laws. (Article 9 New Civil Code)

Statutory Construction:
That branch of law dealing with the interpretation of laws enacted by a
legislature. A judicial function required when a statute is invoked and
different interpretations are in contention. (Black’s Law dictionary)
The art or process of discovering and expounding the meaning and
intention of the authors of the law with respect to its application to a given
case, where that intention is rendered doubtful, amongst others, by a
reason of the fact that the given cases is not explicitly provided for in the
law (Caltex vs Palomar)

Interpretation vs Construction
Interpretation: refers to the drawing of the true nature, meaning, and intent
if the law through an examination of its provisions. One does not need to
go outside of the context of the statute.
Construction: process of using tools, aid, references extant from the law in
order to ascertain its nature, meaning, and intent. One has to go outside
the language of the statute and resort to extrinsic aids.
 Effectivity and Application of Laws:
Statutes or Legislative enactments usually take effect fifteen days after its
complete publication in the Official Gazette or in a newspaper of general
circulation pursuant to the provision of the Civil Code.
Article 2 New civil Code
Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided. This Code
shall take effect one year after such publication.
Explanation:
In Tanada vs Tuvera, the Supreme Court laid down that publication is
indispensable to the effectivity of the laws. However, it is upon the discretion
of the legislation whether the publication can be extended or shortened than
the usual fifteen day period.
II. The Legal Profession Definition:
The legal profession is the art and science of utilizing one’s legal knowledge
and training in the proper advocacy of rights and interests one’s client
before a court of law and other for a.
Characteristics of a legal profession

1. A duty of public service, of which the emolument is a by-product,

and in which one may attain the highest eminence without making
much money
2. A relation as an “officer of the court” to the administration of justice
involving through sincerity, integrity, and reliability
3. A relation to the clients in the highest degree fiduciary
4. A relation to colleagues at the Bar characterized by candour,
fairness, and unwillingness to resort to current business methods of
advertising and encroachment on their practice, or dealing directly
with their clients (92 SCRA 10; 30 July 1979)
Practice of Law:
Definition: refers to any activity, in or out of court which requires the
application of law, legal procedure, knowledge, training and experience.
To engage in the practice of law is to perform these acts which are
characteristics of the profession. Generally, to practice law is to give notice
or render any kind of service, which device, or service requires
the use in any degree of legal knowledge or skill (Cayetano vs Monsod)
Said differently, practice of law is present when the individual customarily or acts showing their unworthiness as officers of the courts,
habitually holds himself out to the public as a lawyer and demands
compensation for the following services:
a. Opinions: involves imparting of legal knowledge usually in the form
of an opinion as to the proper interpretation or application of a
particular law, issuance or rule

b. Appearances: the actual physical presence of the lawyer as

advocate in behalf of a client. These are not limited to court
proceedings but also include proceedings from quasi- judicial or
administrative bodies

c. Preparation of pleadings and contracts: the due preparation,

execution and filing of pleadings, memoranda, motions and other
papers incident to actions and special proceedings, as well as the
drawing of contracts, deeds and other instruments of conveyance.

The Bar Examination:

This is conducted by the Supreme Court to determine the fitness of
prospective law graduates to determine their admission to the practice of
law
Bar Examination Schedule

1. First Sunday: Political Law and Public International Law (AM) and
Labor and Social Legislation (PM)

2. Second Sunday: Civil Law (AM) and Taxation (PM)

3. Third Sunday: Mercantile Law (AM) and Criminal Law (PM)

4. Fourth Sunday: Remedial Law (AM) and Legal Ethics and Practical
Exercises (PM)

Disciplinary Mechanism
Whether in their professional or in their private capacity, lawyers may be
disbarred or suspended for misconduct. The penalty is a consequence of
as well as their lack of moral character, honesty , probity, and good
demeanor. (Gonzales vs Alcaraz)
Rule 138 Section 27
A lawyer may be disbarred for any of the following grounds:
a. Deceit
b. Malpractice
c. Gross Misconduct in Office
d. Grossly Immoral Conduct
e. Conviction of a crime involving moral turpitude
f. Violation of lawyer’s oath
g. Willful disobedience of any lawful order of a superior court
h. Willfully appearing as an attorney for a party without proper authority
to do so
Integrated Bar of the Philippines:
The IBP is the national organization of all lawyers in the Philippines. The IBP
is administered by a governing Board composed of nine Governors who
represent the nine regions of IBP.

III. Political Law and Public International Law

Political Law
This is the branch of public law that deals with the relationship of
government and its people.
That branch of the public law which deals with the organization and
operations of the governmental organs of the State and defines the relations
of the State with the inhabitants of its territory. (People vs Perfecto)
Divisions of Political Law

1. Political Law: concerned with the distribution of powers to the three

branches of government and the relationship and dynamics between
them

2. Constitutional Law: refers to the guarantees of individual liberties,

vis-à-vis the awesome powers of the government. Such guarantees
are usually manifested in a bill of rights

3. Administrative Law: refers to the system or body of laws under

which the state operates and discharges all governmental action.
Also refers to the law which provides for the structure of government
and how it shall operate.

4. Local Government: refers to laws governing the operation of local

government units.

5. Public Officers: refers to laws covering qualifications as well as

discipline of public officers

6. Election Laws: refer to the statutory framework that provides for

the exercise of the people of their right to run for public office
Elements of the State:

1. People: All persons living within the State during the whole time of
the existence of the State. (Sanidad vs COMELEC)

2. Territory: part of the country separated from the rest, and subject to
a particular jurisdiction. The extent or compass of land and waters
thereof within the bounds of or belonging to the jurisdiction of any
sovereign state, city or other body (110 III App. 370)

3. Sovereignty: Union and exercise of all human power possessed in

a state. It is a combination of all power; the power to do everything
in a state without accountability-
a. Make laws
b. Impose and Collect taxes
c. Levy Contributions
d. Make War or Peace
e. Form treaties of Alliance or Commerce with Foreign
nations

4. Government: Aggregate of authorities which rule a society (US vs

Dorr)

Inherent Powers of the State:

1. Police Power: the plenary power vested in the legislature to make

statutes and ordinances to promote the health, morals, peace,
education, good order or safety and general welfare of the people
(Fernando vs St. Scholastica College)

2. Eminent Domain: the power of the State to take private property

for public use subject to compensation to the owner.

3. Taxation: the power of the State to secure compulsory pecuniary

exaction from its citizens to be used in the operations of the
government.
The Constitution
These are the basic laws to which all laws must conform. No act that
conflicts with the Constitution can be valid.
Constitution is a definition of the powers of the government. The five being:
a. The Congress
b. The President
c. The Judiciary
d. The Constitutional Commissions
e. The Local Government Units

Bill of Rights
Bill of Rights serves to protect the individual liberties of its citizens. It is a
statement of individual liberties which citizens, residents, and certain
sojourners in the country enjoy against exertions of government power
(Garcia vs Philippine Tuberculosis Society)

Kinds of Rights under the Bill of Rights

1. Inherent or Natural Rights: rights intrinsic to one’s person such as

the right to live and love

2. Constitutional Rights: rights guaranteed under the fundamental

law of the land such as rights against unreasonable searches and
seizures, the right against ex post facto law or Bill of attainder, as
well as those rights protecting the accused

3. Statutory Rights: rights provided for by Congress or by law such as

the right to preliminary investigation

4. Civil Rights: includes the right to peacefully assemble, the right of

freedom of the press and speech, the right to information on matters
of public concern and the right to due process.
 5. Economic or Property Rights: rights to property – real or
personal, including intellectual property,

6. Political Rights: rights pertaining to the person as a member of a

body politic such as the right to vote and be voted into the public
office.

Due Process:
The most basic tenet espoused in due process is the right to be heard.
(Camarines Norte Electric Cooperative vs CA)
To state it differently, it is the right to be given the opportunity to be heard.
The “due process of the law” clause of the Constitution must be understood
to mean that no person shall be deprived by any form of legislation or
governmental action of life, liberty, or, property, except, as a consequence
of some judicial proceeding, appropriately and legally conducted.

Equal Protection
Equal protection requires that all persons of thing similarly situated, should
be treated alike, both as to rights conferred and responsibilities imposed.
(Ferrer vs Bautista)
It refers to the equality in the enjoyment of similar rights and privileges
granted under the law. (Ceniza vs COMELEC)
The equal protection clause does not preclude classification of individuals
who may be accorded different treatment under the law as long as the
classification is reasonable and not arbitrary. (Villanueva vs JBC)
A classification is reasonable where (Felwa vs Salas):

a. It is based upon substantial distinctions which make real differences

b. These are germane to the purpose of the law
c. The classification applies, not only to present conditions, but also to
future conditions which are substantially identical to those of the
present
d. The classification applies, equally to all belonging to the same class
Kinds of Constitution

1. Written Constitution: that whose provisions are reduced into a

formal instrument and ratified by the body politic under certain
formalities prescribed by the law

2. Unwritten Constitution: that whose provisions are not reduced into

writing and is not confined in one single instrument but whose tenets,
principles and concepts are interspersed in various statutes, norms,
customs, judicial decisions and even established practice.

Philippine Constitutional History

1. Malolos Constitution: The constitution of the First Philippine

Republic after the Spanish Occupation.

2. American Organic Laws

a. McKinley’s Letter of Instruction: Divided the government into
civil and military branches
b. The Spooner Amendment: Full civil government
c. Philippine Bill of 1902: designated the Philippine Commission
as the upper house and the Philippine Assembly as the lower
house.
d. Philippine Autonomy Act: popularly known as the Jones law.
Established a tripartite government (Executive, Legislative, and
Judiciary)
e. Tydings-Mcduffie Law: enabling statute which provided the
mechanism for the adoption of a Philippine Constitution.
f. 1935 Constitution: fundamental law was strongly patterned after
the United States Constitution.
3. 1973 Philippine Constitution: constitution that created a
parliamentary style government during the Marcos regime.

4. 1986 Freedom Constitution: created after the deposition Ferdinand

Marcos. Transitionary constitution to legitimize Cory Aquino’s
presidency.

5. 1987 Constitution: Present Constitution

Public International Law:
Referred to as the “law of the nations”, public international law refers to a
body of rules which have a binding effect on sovereign states as far as their
relationship with one another Is concerned.
Sources of international laws:

1. Treaties
2. Conventions
3. International Agreements
4. Decisions
5. International tribunals

IV. Labor Laws Definition:

Labor law is that body of law that deals principally the rights and privileges
not only of workers but also of employers as well.
The principal law governing labor is the Labor Code of the Philippines.
The Labor Code was promulgated to promote the welfare and well-being of
the working man – its spirit and intent mandate the speedy administration of
justice, with least intention to technicalities but without sacrificing the
fundamental requisites of due process. (Magallanes vs Sun Yat Sen
Elementary School)
Constitutional Principles on Labor:
The fundamental law of the land affirms labor as a primary social economic
force.
Section 3, Article XIII of the Constitution does not directly bestow on the
working class any actual enforceable right, but merely clothes it with the
status of a sector for whom the Constitution urges protection through
executive or legislative action and judicial recognition. Its utility is best
limited to being an impetus not just for the executive and legislative
departments, but for the judiciary as well, to protect the working class.
(Serrano vs Gallant Maritime Services)
1987 Constitution on Labor (Article XIII Section 3):
The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self- organization, collective
bargaining and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and
the right of enterprises to reasonable returns on investments, and to
expansion and growth.

Labor Code Objectives on Labor

1. State of full employment

2. Protect every citizen working locally and overseas
3. Free choice of employment
4. Facilitate and regulate the movement of workers
5. Regulation of employment of aliens
6. Strengthen the network of public employment offices and rationalize
the participation of the private sector
7. Insure careful selection of Filipinos for overseas employment

Labor Standards:
These provide for the basic requirement as provided by law that employers
have to provide for their employees be it in the workplace or in the matter of
wages.
These minimum requirements are established in order to protect the rights
as well as set the standard in all business establishments.
Minimum Standard Book 3 Labor Code

1. Normal hours of work, including hours of worked: The normal

working hours should not exceed8 hours a day. Hours worked shall
include:

a. All time which an employee is required to be on duty or to be at

prescribed workplace
b. All time during which an employee is suffered or permitted to
work.
c. Rest periods shall be counted as hours worked.

2. Meal Periods: The law mandates every employer to give his

employees not less than 60 minutes time-off for their regular meals

3. Night Shift Differential: Night shift differential shall not be less than
10% of his regular wage for each hour of work

4. Overtime Work, including emergency overtime work: additional

compensation of 25% for regular days. Overtime work on holidays
will be subject to 30% additional compensation

5. Undertime: undertime work shall not be compensated by overtime

work on any other day

6. Right to weekly rest periods, including the employer’s right to

require work on a rest day: provide a rest period of not less than
24 consecutive hours after every 6 consecutive normal work days.

7. Compensation for rest days: an employer may require an

employee to work on a holiday but such employee shall be paid a
compensation twice his regular rate.

8. Holiday pay: regular daily wage during regular holidays

9. Service Incentive Leaves: Leave of 5 days with pay annually.

10. 13th Month Pay: Not later than December 24th every year.
Management Prerogative:
Management prerogative refers to the right of management to regulate
according to own discretion and judgement all aspects of employment,
including hiring, work assignments, working methods time, place, manner
of work, tools to be used, processes to be followed, supervision of workers,
working regulations, transfer of employees, work supervision, lay-off of
workers, discipline and dismissal of workers, and recall of work. (San
Miguel Brewery Union vs Ople)

The only criterion to guide the exercise of management prerogative is that

the policies, rules, and regulations on work-related activities of the
employees must always be fair and reasonable and the corresponding
penalties, when prescribed, commensurate to the offense involved and to
the degree of infraction. (The Coca-Cola Export Corporation vs Gacayan)

Employer-Employee Relationship
This refers to the contractual relationship between an employee and his
employee. The four-fold tests to determine the relationship are (SHS
Perforated Materials vs Diaz):
1. Selects and engages the employee
2. Pays his wages
3. Has power to dismiss him
4. Has control over his work
Kinds of Employment

1. Probationary Employment: a probationary employee is one, who,

for a given period of time, is being observed and evaluated to
determine whether or not he is qualified for permanent employment.
(Woodridge school vs Pe Benito)

2. Regular Employment: employment is deemed regular when the

activities performed by the employee are usually necessary or
desirable in the usual business of the employer. (The Peninsula
Manila vs Alipio)

3. Project Employment: employees who are hired for carrying out a

separate job, distinct from other undertakings of the company, the
scope and duration of which has been determined and made known
to the employees at the time of employment and their services may
be lawfully terminated upon the completion of the project.

4. Casual Employment: neither a regular employee nor an employee

with a fixed employment for a specific project or undertaking
determined at the time of employment or seasonal employee

5. Fixed-term employment: 2 elements

a. Fixed period of employment was knowingly and voluntarily

agreed upon
b. The employer and the employee dealt with each other on more
or less equal terms

6. Field Personnel: Refers to non-agricultural employees who

regularly perform their duties away from the principal place of
business or branch office of the employer and whose actual work
hours in the field cannot be determined with reasonable certainty.
(Omnibus Rules Implementing the Labor Code, Book III Rule 1
Section 2)
 7. Managerial Employee: one who is vested with powers or
prerogatives to lay down and execute management policies, and/or
hire, transfer, suspend, lay-off recall, discharge, assign or discipline
employees. Elements of managerial duties include:

a. Performance of work directly related to management policies

b. Customarily and regularly exercises discretion and independent
judgement in the performance of his functions
c. Regularly and directly assists in the management of the
establishment
d. Does not devote 20% of his time to work other than those
prescribed.

Labor Relations (Common Areas Covered)

1. Disciplinary Action, Grievance Machinery, arbitration

2. Labor Organization
3. Labor Disputes
4. Unfair Labor practices Collegtive Bargaining Agreement
5. Strikes and Lockouts
Social Legislation:

 Social Legislation refers to Statutes that level the playing field

between the employers and employees.

 To focus not only on the strictly legal issues involved in this case but
also to take another look at the larger issues including social justice
and the protection of human rights as enshrined in the Constitution,
firstly, because legal issues are raised and decided not in a vacuum
but within the context of existing social, economic, and political
conditions, law being merely the brick in the up-building of the social
edifice. (PNB vs Office of the President)

Secretary of Labor and DOLE

DOLE is the principal government office tasked with the enforcement of the
provisions of the Labor Code and other related labor laws and social
legislation

Powers of the Secretary of Labor

1. Recruitment and Placement

2. Suspension and cancellation of license or authority to recruit
employees for overseas employment.
3. Regulatory Power over recruitment and placement activities
4. Visitorial Powers Over recruitment agencies
5. Granting of employment permit to non- resident aliens
6. Visitorial and Enforcement Power over employer’s records
and premises
7. Regulatory power over hiring and treatment of homeworkers
8. Power to enforce mandatory occupational safety and health
standards

National Labor Relations Commission

NLRC is the quasi-judicial organ of the government tasked to adjudicate labor

disputes.